General Term and Conditions

General Terms and Conditions

1 Parties

a. In these terms and conditions: ‘you’ or ‘your’ means the person ordering a product or products detailed on our website; and ‘we’ ,‘ us’ or ‘our’ means Bent Fish Analysis Ltd.

2 Products and orders

a. Any order you place with us is an offer from you to buy products. We accept that offer when we receive your payment, not before.
b. If we cannot provide the products you order, we will give you the option to cancel your order or place an alternative order. If necessary we may cancel your order, or you may cancel it before we have sent the products to you (see clause 6 below).
c. We may substitute or change the exact details of products at any time. Once again, we will try and tell you about changes that affect your order before we send the products to you. However, if we send the products to you, you can return them to us under our 14-day money-back guarantee (see clause 7).

3 Price and payment

a. Prices shown against the products do not include the cost of postage and packaging, but this is shown in the checkout process.
b. We may change prices at any time, but we will tell you about any change in the prices of any products you have ordered or the cost of the postage and packing before we send the products to you and give you the option to cancel your order.
c. You can pay for your products using any one of the payment cards detailed on our website. When paying by credit card or debit card, the person placing the order must be the credit card or debit card holder or have the credit or debit card holder’s authorisation. If the credit card or debit card holder later denies authorisation, you may be charged with a criminal offence.
d. Prices shown include VAT unless we say otherwise.

4 Delivery

a. We will make every effort to deliver products to you within 14 days of your order. However, delivery times quoted are estimates and as we are not the delivery company we cannot be held responsible for any failure to deliver products to you within any quoted delivery time.
b. We will always deliver products to you or contact you at the address you have given us, unless you tell us otherwise.

5 Non-delivery, shortages or damage claims

a. If the products you receive are damaged in transit, you must tell us in writing within seven days of receiving the products. We will send you a replacement order but you must return the damaged products, together with all the packaging for us to inspect and use to make any necessary claims against the delivery company. We will refund the postage and packing costs of you returning the products.
b. If you do not receive your products within 10 days of the date of the invoice we send to you, please tell us immediately and no later than 14 days after the date of the invoice.
c. As long as you meet the conditions set out in this clause, and the products you return prove to be damaged or faulty, we will replace these products. However, please remember that we will not have to make good any damage or fault if you fail to notify us as specified.

6 Cancellations and returns

a. If, before your products are delivered, you want to cancel an order, please let us know, by post, telephone or email as soon as you possibly can.
b. If you cancel an order by telephone, we will also need written confirmation from you. You will be given a full refund (including the costs of any postage and packing costs paid) as long as we receive the cancellation not later than seven days after the date you placed the order. Clause 7 also applies if you want to cancel an order.
c. We cannot be held responsible for any products you return until we receive them. We recommend you get proof, from the post office, that you have posted the products to us.
d. We try our best to make sure that we process returns within 7 days of receiving them. Please remember that products returned using Royal Mail can take up to 14 days to reach us.

7 Money-back guarantee

a. We have a 14-day money-back guarantee..
b. We will only accept returns of products which the guarantee applies to if you return them in their original packaging with any instruction sheets and in an ‘as new’ condition. We will then exchange the products or give you a refund.
c. If you return products that are not ‘as new’, or outside the 28-day period, then unless we agree otherwise in writing, we may refuse to give you a refund or we may charge you a handling charge.
d. This guarantee does not apply if you have used the products, other than to assess whether they are satisfactory, or you have used the products incorrectly.
e. Due to hygiene reasons, some items cannot be returned or refunded and are not covered by this guarantee. Nothing in these terms and conditions affects your rights under the Distance Selling Regulations or any of your other rights under the law.

8 Warranty

a. We warrant that when all the products are delivered they will match their description, be free from faults and fit for their purpose.
b. The warranty period for sticks manufactured by BentFish is 6 months. The warranty period for gloves manufactured by BentFish is 3 months. Goods made by other manufacturers are subject to that manufacturer’s warranty and are not covered by BentFish. We will however liaise with said manufacturers in a manner to provide the best service to our customers. If within the warranty period from the date of delivery you find that the products are faulty or not fit for their intended purpose, you have the right for the goods to be repaired or replaced or, if this is not practical, to receive a full or partial refund (unless we can show that the products were fit for their purpose during this period of time).
c. This warranty does not cover faults due to fair wear and tear, deliberate damage, negligence, abnormal working conditions, you not following the manufacturer’s instructions (whether spoken or in writing), misuse or the products being altered or repaired without our permission.
d. We have no obligations under this warranty if you have not paid the full price of the products by the date full payment is due.
e. Under this warranty, and if it is practicable, we will repair or replace the products at your option. If it is not practicable to repair or replace the goods, you can receive a full or partial refund. You must make sure that any products you return to us are adequately packaged.

9 Repairs outside the period of the warranty

a. When you are returning products for repair that are not under warranty , you must clearly state why you are returning them and give us full details of the problems you are having with the products.
b. We will provide a quotation for repairs, but only if you write to ask us to do this.
c. We only agree to repair products if it is economical to do so. If we do not think it is economical to repair the products, we will tell you this in writing and give you 30 days to confirm how you want us to dispose of the products in question. If you do not respond within 30 days, you authorise us to dispose of the products safely on your behalf.
d. If you have asked us for a quote for the repairs we will write to tell you the estimated cost of the repair. We will not begin the repair until we have received your written confirmation to go ahead. If we do not receive a written confirmation from you within 60 days of our estimate, we will assume you do not want us to go ahead with the repair. If you do not want to go ahead with the repair after receiving our estimate, or if we do not hear from you within 60 days of our estimate, we will charge you a standard administration charge of £15 to cover the inspection and the cost of returning the products to you.
e. We will not release any repaired products to you until you have paid for the repair. If you do not pay for any repair within 30 days of the payment becoming due, you authorise us to sell the products to cover the repair costs. We will send you any extra amount that may be left over after we have taken our repair costs.

10 Risk and ownership

a. You will become responsible for what happens to products as soon as you have received them.
b. You will not become the legal owner of products until you have paid for them in full). If you have not paid for products, we may refuse to accept further orders from you and we may take legal action against you.

 

11 Liability

a. Force Majeure – We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
b. Nothing in these terms and conditions removes or limits our liability for death or personal injury caused by our negligence or breach of duty.
c. Any clause in these terms and conditions that tries to remove or limit your protection under the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999, or our liability under the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 (as amended by the Sale and Supply of Goods to Consumers Regulations 2002) will be interpreted so as to remove such limitation or exclusion or if appropriate shall have no effect and shall not apply and for the avoidance of doubt clause 11a shall not apply.

12 Data protection

a. As a responsible organisation, we attempt to comply with the Data Protection Act 1998 at all times.
b. We will hold your personal information confidential and secure except to share your information with companies we appoint to provide services to you for us (such as processing certain financial transactions and delivering products to you), but always on the understanding that they keep your personal information confidential and secure and that it is used only for those purposes.

13 General

a. If any part of these terms and conditions is not valid or cannot be enforced in whole or in part this will not affect any other part of the terms and conditions.
b. We can transfer, assign, novate or subcontract all or some of our rights and responsibilities under these terms and conditions to any other organisation.
c. Any person other than you and us has no rights under the Contracts (Rights of Third Parties) Act 1999.
d. These terms and conditions are governed by English Law.

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